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STATE v. TWEED

Nos. C81-10-35462; CA A23500; C81-10-35461; CA A23753.

663 P.2d 38 (1983)

62 Or.App. 711

STATE of Oregon, Appellant, v. Eric Lawrence TWEED, Respondent. STATE of Oregon, Appellant, v. Catherine Marie TWEED, Respondent.

Court of Appeals of Oregon.

Decided April 27, 1983.

Attorney(s) appearing for the Case

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen. and William F. Gary, Sol. Gen., Salem.

Wayne Mackeson, Certified Law Student, Portland, argued the cause for respondent Eric Lawrence Tweed. Diane L. Alessi, Portland, argued the cause for respondent Catherine Marie Tweed. On the brief were Des Connall, John S. Ransom and Des Connall, P.C., Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

The state appeals a pretrial order suppressing evidence seized pursuant to a search warrant on the ground that the officers executing the warrant violated the knock-and-announce requirement imposed by ORS 133.575(2) and the Fourth Amendment. We affirm.

At approximately 9:30 p.m. on August 25, 1981, Portland Police Officer Mason, who was assigned to the Narcotics Detail of the Drug and Vice Division, obtained a valid warrant authorizing...

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